The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-28

used in perpetratiug an outrage or wrong. ana
he demanded what he had right under the Law
TO demand-thst the sealed bag be sent for ard
the vote bs taken from the record therein con-
tanned He continued TO do that until
that board Of convassers subscribed TO the lie
and certified that Albert Ayres had been
elected criminal Judge of Maricn county. when
the record for which Lorenz schmidt asked
would have shown William Irwin 70 be criminal
judge Schmidt came in. but he had made al
engagement He desired to keep that en-
gagement He is a man OF business and seeks
20 keep MS engagements Schmidt began to look
about for somebody to take charge OF his papers
He met John f. Sullivan and congratulated him
upon bis election lie knew Sullivan very Wei
and sullivan knew MIN very well de asked
some other matters on his hands, called another
person That person was George w Budd,
who had been promised a deputyshIp
nndor John Sullivan. as Budd himself says
Whether the papers went through
Suliivan's hands to Budd or directly from
Schmidt's to Budds is immatsrar. Budd got
possession OF those papers. Up to that time
those papers were not changed. When returned
to Schmidt, after he got back from the building
association, thew were changed. They were IN
the hands OF Budd from D or @ O'Clock In the
evening until about o'clock at night, and in
that interval they could have travelled to the
Grand Hotel fifty times. They did go there once
and met the acid there or the acid came to the
court house-they met-and they did not meet
in public. for Coy says he doesn't do business
that way Schmidt was told by Budd to say
those papers had not been out OF his hands.
They were enoeavoring TO cover things up as
they went along and not only settled upon these
innocent inspectors the charge OF fraud, bug
asked them to lie for them"
Mr.. Sellers then spoke at length of the con-
versation between Mr. Stubs and BerDhamer
they walked to the courthouse from supper,
aud that Mr.. Stubs called the attention of Bern
hamer to the proceedings OF the night and the
way the chairman was acting. and hoped that
Bernhamer would that justice was done
and no fraud bs perpetrated upon the people .
He dwelt upon Bernhamers reply about getting
even with somebody. which he characterized TO
be as if il were excuse for stealing horse
that somebody else had stolen mule, and said
tn at If that kind of excuse is be taken then
every criminal must go free. Mr.. Sellers con-
tnued:
mo honest man would have sat there and ruled
as he did. Had he been an honest man he
would have said. here evidences of fraud
and will not be party to it, Schmidt asked
that his papers be sent for and perhaps others
did, but Bernhamer ruled that could not be
done. Span argued that it could not be done,
and Notwithstanding a decision of the supreme
Court of Indiana that says that this board shall
not hear testimony with reference to fraud, but
which does not say, and It II Is not the law that
they must confne themselves the papers be-
fore them. Notwithstanding the plain provision
of the law, Coy sent his lieutenant Goose Eden
out upon the streets to meet inspectors and ad-
wise them TO violate the law"
Mr.. Sellers then read the law upon the SUBJ
Ject of returning the sealed bags &c the county
clerk and on other points connected with the
case. He said that Mr. Span, who is said to be
good lawyer. il he had nothing to do with the
fraud. should have advised that hoard of canvas
sers to do what was right. Tne district attorney
then rehearsed the incident OF Sullivan, Dan
Lemon and Inspector Baker whispering together,
which aroused the suspicion of persons who were
there watching the count. and how John Bowlus
followed them and how Budd was sent by Sulli-
van to watch Bowlus and aid Lemon and Baker
in getting to their destination. Bowlu says
they seemed to have known he was fol-
lowing them and dropped into
a hapa
Matters saloon. Ha continued: 1T is
derfu how these gentlemen drop in where their
friends are And Bakers papers have since
turned up changed--another evidence OF the
of all these parties with this transac
ton. They were going 10 the direction of where
Sim Coy was ready for business
He described Coy and Spans visit TO Room
SO. ana how they were seen in there by DR.. Wag-
ner; that Coy was at a table with paper spread
out before him-a paper that looked ike tally
6 beet described by the witness-and Spaan
was standing ND with pamphlet in
his hand. II do know what he
as there for" commented Mr.. SELLERS. unless he
W as looking for some law of the State of Indiana
that would authorize him to change tally-sheets.
IL he was there TO counsel about simple unim-
portant law question, why was it Coy came and
looked out the door east and then to see if
any body watching theml Conscience ].
makes towards of us ALL 1t is when men
doing wrong that they are suspicious. They
came ont. They met Mr.. Wilkins and Mr.. Dem
mis-. and conversation ensued about the election
These men did not to charge them with
changing tally-sheets, but some
words passed and soon after they returned to
the courtroom. CounselmanS papers were
called for
Il could not wonder at tn o objection 10 the
morning about signing if the objection had been
made again at night. but after twelve four
,ond ton that they when first presented
they were accepted. The tally-sheet had been
changed. That is the correction that was to be
made. II was in proper shape for Bernhamer
" q W. in
proper shape when presented the first time
Counselman was not drunk in the morning. He
He tried to drown it in beer. He pretended to
be asleep and In my opinion he
to be than he
was He was sitting in dark
pocket-a very convenient thing for a person
going to Room SO TO take them. John H. Coun-
selmans papers were changed In Room 90. They
we're the pa pers that Shafer saw in Coys hand aud
have no doubt were concealed somewhere in that
big overcoat that Coy wore that night. in
hat heated room, before winter had set 10.
hat about o'clock in the morning Spaan le #
him TO go into that room to examine the law
There were five Republicans, aud Mr.
Schmidt $ and Mr. Hisey; seven ho.. out
what difference could it make-a majority of
hat board could have made the paper legal l
mink that conversation. if there was one, if it
iidnt originate In the IMAGINATION of thess geo
emen. still later than o'clock, because
The subject about which they talking. il
hey were talking about it, did not arise At that
lime. The board not through with the
counting until nearly o'clock. If discussed
before. it discussed by Coy and Spaan, be-
ause they knew these frauds were perpetrated
lpon the people and that an honest inspector
night refuse 10 sign a lie
AS TO the defendant Coy, to start out with
10Y is a manager of He is ambitious
mana man who desires power. influence
hority. He is the of all others in this
ounty who was interested in the election of
riminal judge. He is liquor man He Is the
master and the head of the tough element of In
annapolis. Why do / say thatl say it be-
ause he seems TO have such men as Eden and
theirs who come and 90 at his beck and rod.
say II because ir is shown here
hat he the manager OF cam
,agns, and that during his
cement there n considerable change in the
esuit OF elections in Marion county. Your ex-
Ierience and mine has taught us that where there
close division in political sentiment there
one class of men, known as the floating voters,
rho control the election one way another.